Even from his fumbers we advantage reap, With double force th' enliven'd fcene he wakes, Yet quits not Nature's bounds. He knows to keep Each due decorum: Now the heart he shakes, And now with well-urg'd fenfe th' enlightened judgment takes. He had the next feafon, 1746-7, occafion to exert himself, being engaged at Covent Garden along with Mr. Garrick. "It is not, perhaps," fays Mr. Davies *, "more difficult to fettle the covenants of a league between mighty monarchs, than to adjust the prelimina ries of a treaty in which the high and potent Princes of a Theatre are the parties. Mr Garrick and Mr. Quin had too much fense and temper to fquab. ble about trifles. After one or two previous and friendly meetings, they fe lected fuch characters as they intended to act, without being obliged to join in the fame play. Some parts were to be acted alternately, particularly Richard III. and Othello." The fame writer adds t: Mr. Quin foon found that his competition with Mr. Garrick, whofe reputation was hourly increafing, whilft his own was on the decline, would foon become ineffectual. His Richard the Third could fcarce draw together a decent appearance of company in the boxes, and he was with fome difficulty tolerated in the part, when Garrick afted the faine character to crowded houses, and with very great applaufe. "The town had often wished to fee thefe great actors fairly matched in two characters of almost equal importance. The Fair Penitent prefented an oppor tunity to difplay their feveral merits, though it must be owned that the balance was as much in favour of Qin, as the advocate of virtue is fuperior in argument to the defender of profligacy. "The shouts of applause when Horatio and Lothario met on the ftage together (14th Nov. 1746), in the fecondat, were fo loud, and fo often repeated, before the audience permitted them to speak, that the combatants feemed to be difconcerted. It was obferved, that Quin changed colour, and Garrick feemed to be embar raffed; and it must be owned, that thefe actors were never lefs mafters of themselves than on the first night of the contest for pre-eminence. Quin was too proud to own his feelings on the occafion; but Mr. Garrick was heard to fay, "Faith, I believe Quin was as much frightened as myself." "The play was repeatedly acted, and with conftant applaufe, to very brilliant audiences; nor is it to be wondered at; for, befides the novelty of feeing the two rival actors in the fame tragedy, the Fair Penitent was admirably played by Mrs. Cibber." It was in this feafon that Mr. Garrick produced "Mifs in her Teens,” the fuccefs of which is faid by Mr. Davies § to have occafioned no small mortification to Mr. Quin. He, however, did not think it prudent to refufe Mr. Garrick's offer of performing it at his benefit; and accordingly the following letter was prefixed to all Mr. Quin's Advertisements: << SIR, "I am forry that my prefent bad ftate of health makes me uncapable of performing fo long and fo laborious a chara ter as Jaffer this featon. If you think my plaving in the farce will be of the leaft fervice to you, or any entertainment to the Audience, you may command "Your humble fervant, + Ibid, p. 96. *Life of Garrick," Vol. I. p. 95. In the Gentleman's Magazine, Oct. 1750, p. 439, is a Regifter of Plays acted that month, in which we find the following article.-" 26. Richard III. Quin (much hiffed); Queen, Cibber (first time of her acting it).” "Life of Garrick," Vol. 1. 102. Mr. Davies is, however, mistaken when he asserts, that Mr. Quin did not perform in any piece acted with this popular farce. On the contrary, he acted Caled on the third night, and Sir John Brute on the ninth. At the benefits be acted oftener before it than he omitted. It ran not a month or five weeks, as Mr. Davies fuppofes, but only eighteen nights. JOURNAL JOURNAL of the PROCEEDINGS of the SECOND SESSION of the SEVENTEENTH PARLIAMENT of GREAT BRITAIN. HOUSE OF TUESDAY, June 6. NEW FOREST. LORD Grenville moved the order of the day on the Bill for encreasing and preferving the timber in the New Foreft; and for the fale of rents and enfranchisements of copy hold tenements in the faid Foreft. He remarked that the great decay of timber for the Royal Navy made fuch a Bill neceffary, and its principle was recommended by the Commiffioners of the Land Revenue. Lords Porchester, Carlile, and Rawdon, oppofed the Bill, as tending to create in the perfon of one Gentleman (Mr. Rofe, Ranger of the Foreft) a strong ministerial influence and dominion in the county. They declared it was no more than a job to ferve party purposes, and they were particularly fevere on Mr. Rofe being at the fame time Secretary of the Treafury, Clerk of that House (where the business was entirely done by Mr. Cowper, whilft Mr. Rofe received the profits) and Ranger of the New Foreft. They conceiv. ed the appointment of Secretaries of State, or Under Secretaries, to rural pofts, improper and injuricus, as they ought to have fomething else to attend to; and Lord Carlifle could not help remarking, that fince the appointment of the Noble Lord who now moved the Bill, to the Rangership of Hyde Park, that spot had been so much neglected, as to shock the tafte of the elegant company that reforted to it. The Lord Chancellor was decidedly against the Bill, and oppofed it with many strong objections-among which he confidered its annihilating the landed property from the Crown as not the least. On this part of the fubject he profeffed himself to be of that opinion which had been formerly held, that the Crown should always poffefs a landed intereft in the country; and that if the eftates attached to it could be fo improved as to render it independent of the neceffity of applying to Parliament for support, it would be more honourable and beneficial to both; and that fuch was the conftitutional principle of the country, he thought was fufficiently evident in the determination of making forfeited lands fall to the Crown; and therefore he could not but confider every fuggeftion to take away part of that property, as infringing upon, and depriving the Crown of it just right. So well was he convinced of the fatherly affection of our prefent Sove VOL. XXII, LORDS. reign, that it was only to be represented to him that a conceffion would be of benefit to his people, to induce him to accede to it with the greatest facility; nay, he farther knew, that the duty and affection of his heirs, either apparent of in expectancy, were fuch, that although he in fact only poffeffed a life interest in those lands, they would not intimate a fuggeftion contrary to his with: but fuch being the cafe, it became more neceffary for that House, who were his hereditary counsellors, to confider well to what they would advife him. His Lordship then adverted to the principle of the Bill, and the various regulations it meant to provide all of which he condemned as improper and ill-conceived. Confidering them legally, and in different points of view, he treated the whole as calculated to infringe upon the property of the Sovereign, without the smallest advantage to the public, and reprobated the indecency of bringing in a Bill of such importance at fo late a period, professedly in the last week of the Seflion; and concluded with hoping their Lordships would fupport the Crown in that ancient, legal, and prescriptive right to which it was conftitutionally entitled, and which this Bill went to annihilate. Lords Stormont and Loughborough sup ported the amendments of the Chancellor ; but upon a divifion (after a reply from Lord Grenville) there appeared for the Bill 531 against it only 35. THURSDAY, June 7. NEW FOREST BILL. Lord Porchester defired the preamble of the Bill to be read; and it being read accordingly, he infifted that without the King's confent being notified in form previous to any further difcuffion on the subject, it was unparliamentary in their Lordships to pro ceed. that if ever there was a time when the Parliament and people of this country were called upon to exert themselves in fupport of the rights and dignities of their Sovereign, it was at the prefent moment, when the ravaging fystem of democracy was attempt ing to overturn all due respect-all found policy-all obedience to the law and the Conftitution, Lord Grenville obferved, that this was the fecond time the Learned Lord had attempted to perfuade the Houfe that his opposition to the Bill was founded on his own loyalty; and, of course, on an idea of disloyalty in those who proposed the measure. But he fhould again repeat, that the conduct of Ministry tended to fupport the true dignity of the Crown by every mode that could enfure the real happiness of the people. No man could have more gratitude, more veneration, more fincere love for his Sovereign than he had. The Duke of Montrofe begged their Lordships to advert to the rules of Parliament, which were, that in a Committee it was impoffible the affent of the King could be given-there was a standing order against fuch grofs irregularity. The Duke of Clarence came forward and declared himself an advocate for the interests of the Crown, as laid down by the Learned Lord; and in anfwer to what fell from the Duke of Montrofe faid that he was on a Committee the other day where his Majesty's affent was neceflary, and that affent was formally given in the Committee. He declared that he should ever fupport the prerogative of the Crown, and he trufted that delaration would be credited. Lord Stormont thought the best way would be to move, that the Committee do adjourn during pleasure, and that when the Houfe was refumed the Minister should declare the affent of his Majefty. This was agreed to, and fo the bufinefs anded, after a debate of four hours. FRIDAY, June 8. HAMPSHIRE FOR EST. Lord Grenville, by command of his Majefty, notified the King's confent that their Lordships thould act in the Bill before them as they should think fit. Ordered to proseed on the Bill on Monday. In a Committee on the National Debt Bill, Lord Lauderdale, upon the old grounds of oppofition to the Bill, reprobated it as presumptuously, conceitedly, and arrogantly legiflating for pofterity; and moved the omiffion of certain claufes. His Lordship was followed and fupported in his oppofition to the Bill by Lords Rawdon and Stormont. Lord Grenville replied. His Lordship faid, the Bill having before been fully difcuffed by their Lordships, and having been carried by a divifion, it was unnecessary for him to go into a general defence of its principle. It certainly was binding only until repealed, and went no further to legislate for pofterity than the Million Bill did, or than every other Bill certainly did which was not paffed merely for one feffion. The Marquis Townshend and Lord Mulgrave gave their fupport to the Bill, and applauded the conduct of Administration. Lord Lauderdale's motion was put and negatived, and the Bill then paffed the Committee. MONDAY, June 11. Lord Rawdon moved the order of the day, for going into a Committee on his Debtor and Creditor Bill. Lord Kenyon objected, that several of the provifions were inadequate; and from the approaching termination of the feffion, no profpect could be entertained of rendering them perfect. If the Bill were laid afide for the prefent, he should himself give every aslistance towards preparing another, more fuited to the end propofed, which might be brought in early in the courfe of next feffion. The Lord Chancellor complimented the be neficent intentions of the Noble Lord with whom the Bill originated, but felt himself obliged to oppofe it, from a conviction that it was not, in its prefent state, equal to the magnitude of the object at which it aimed, It did not provide fufficient means for compelling the debtor to discover and furrender all the property he had in the world. ceffio bonorum was more amply fecured by the bankrupt laws now exifting; and exclufive of this, the Bill, in his opinion, afforded latitude for the exercife of frauds. The Lord Rawdon begged their Lordships to recollect, that he had from the first distin&tly ftated, that nothing, in his opinion, ought to be more rigidly guarded against than the practice of frauds upon tradesmen, by contriving to impofe upon them with the appearance of tile and fplendour. He was not fo wedded to his own opinion as to think that the provifions of the Bill were perfect, but he was affured that the wisdom of their Lordships would easily render it fo; and if no attempt should be made, the grievance which he wished to redress, and which every one must acknowledge to exift, must continue for ever. Perceiving, however, how the feelings of the House stood, he should not now prefs the Bill, and should only obferve, that it was incumbent on thofe who had cenfured its provifions, to give that afiitance which they were fo well able to give, in compleating fo humane and fo neceffary a work. The question was then put on the commitment of the Bill, and negatived without a divifion. The Bill was of course loft. The order of the day for the third reading of the Libel Bill being read, Lord Bathurst fpoke a few words against the Bill, which, he afferted, went to deprive the Judge of his conftitutional office, and intrufted it to the hands of illiterate Juries. The Chancellor then put the question upon the Bill, and said, he was afraid the Contents had it *. Lord Porchefter presented a petition from feveral perfons, who conceived their proper ties affected by the Bill for inclofing the New Foreft, praying that the fame might not be paffed into a law. The petition was read at the table, after which his Lordship moved that the Bill be poftponed to that day two months. Lord Grenville would not oppofe the motion. He did not know, till about two hours before, that any perfons conceived their property to be injured by the Bill. As there were fuch, it was fit that their expoftulations fhould be heard; but fince the feffion was now too near a period to admit of the investigation, he fhould confent to putting off the Bill until next feffion; when a new one, founded on the fame principle, but, if poffible, formed fo as not to interfere with private righ's, would be early introduced. Heard Counfel on the Derby Paving Bill, which was afterwards read a third time, and paffed. WEDNESDAY, June 13. The House having refolved itfelf into a Committee, Lord Grenville moved the fecond reading of the Westminster Police Bill, Lord Loughborough rose, and opposed the Bill in a fpeech of fome length. In reviewing the prefent Police of Westminster, he acknowledged it was most defective, and he wifhed the Rotation Offices fuppreffed; but he thought the prefent fyftem might be improved, without changing it fo fundamentally. The grand object which was to be defired, was to place the Magistracy of Westminfter upon as refpectable a footing as it is in other parts of the kingdom. His Lordship, in the course of his fpeech, noticed the long period that had elapfed without the appointment of a Lord Lieutenant of the county, and was yet of opinion that very respectable gentlemen might be found to undertake, without trading fee, the task of Magiftracy. Lord Sydney was against putting off the Bill; the enormities which were daily committed in Weftminster, made it neceffary that fome decifive measure should be immediately adopted. Lord Grenville was of the fame opinion: the office which he had had the honour of holding formerly, of Secretary of State for the Home Department, made him neceffarily acquainted with many enormities which are common in this town, and which he did not think it poffible to prevent, without adopting the regulations of this Bill. The Lord Chancellor and Lord Kenyon approved of the Bill. The Duke of Leeds was of the fame opinion, but wished to see a plan of Magistracy adopted in Westminster fimilar to that of London. The Earl of Aylesford approved highly of the fyftem of Police which the Bill provided, and fpoke of the Birmingham riots as a ground for wishing that the fame fyftem was generally extended, as he was perfuaded it would well answer the ends of Government. The following PROTEST against paffing of the BILL was afterwards entered on the DISSENTIENT, Journals: ift, Because the rule laid down by the Bill, contrary to the determination of the Judges, and the unvaried practice of ages, fubverts a fundamental and important principle of Englifh jurifprudence, which, teaving to the Jury the trial of the fact, referves to the Court the decifion of the law. It was truly faid by Lord Hardwicke, in the Court of King's Bench, that if these came to be confounded, it would prove the confufion and deftruction of the law of England. "2dly, Because Juries can in no cafe decide, whether a matter of record-be fufficient upon which to found judgment. The Bill admits the criminality of the writing fet forth in the indictment or information to be matter of law, whereupon judgment may be arrested, notwithstanding the Jury have found the defendant guilty. This fhews that the question is upon the record, and diftinétly feparated from the province of the Jury, which is only to try facts. "3dly, Because, by confining the rule to an indictment or information for a libel, it is admitted, that it does not apply to the trial of a general iffue, in an action for the fame libel, or any fort of action, or any fort of indictment or information; but as the fame principle, and the fame rule, must apply to all general iffues, or to none, the rule, as declared by the Bill, is abfolutely erroneous. THURLOW, C. BATHURST, KENYON, ABINGDON, Lord Loughborough protested against any extenfion of the principle of the Bill. It might be proper for the metropolis; but fure he was, that it would not be safe to extend it generally to the counties. Lord Aylesford explained, that he only meant to ftate, that the fyftem of police held out by the Bill would be usefully applicable to Birmingham and other great towns. Lord Rawdon oppofed the Bill in toto, and Lord King fupported it; and after fome further converfation it was read a fecond time, and ordered to be reported. A petition from Sir James Johnstone to his Majesty, claiming the Barony of Annan. dale, was prefented to the Houfe by Lord Grenville, and being read, was referred to the Committee of Privileges. Adjourned. THURSDAY, June 14. Lord Grenville moved an humble addrefs to his Majesty, that he would be graciously pleafed to order fuch alterations to be made in the Houfe, as might conduce to the better accommodation of their Lordships. Ordered. WHITENAVEN HARBOUR. Lord Spencer objected to the third read. ing of the Whitehaven Harbour Bill, on the ground of the time not having been fufficjent, during its progress, for the parties whofe intereft it might affect to ftate their obiections to it. He concluded by moving, "That the Bill be read a third time on this day fe'anight. 19 Lord Lonfdale fpoke in fupport of the Bill, in which, he faid, it was well known he was principally interested. His Lordship ftated to the Houfe the intereft and power he had in Whitehaven, into the harbour of which no veffel could go, and in the town of which there could be no trade, without his confent. Lord Cathcart, on the fame grounds with Lord Spencer, was for postponing the Bill, The question was put, and the motion of Lord Spencer for deferring the third reading until this day fe'nnight, negatived by a divifion, in which the numbers were- Not Contents 5-Contents 4-Majority for the Bill 1. It was then ordered that the Bill be read a third time on the morrow. At half after fix adjourned. FRIDAY, June 15. to the Houfe of Commons, to command their immediate attendance upon his Majesty, The Commons being come accordingly, their Speaker addressed his Majesty to the following purport: "That his faithful Commons, not content with having carried into effect a Bill, the principle and tendency of which was highly interesting to public credit, and to the profperity of the kingdom, had also made provifion for preventing the future perma. nent increase of the National Debt, by having refolved that on all future loans means fhould be found for their discharge, which operation it was the hope of the Commons no neceffity would ever prevent; as by fuch provifion his Majefty's loyal fubjects would be guarded from thofe difficulties in which they had been involved, and which could only have been fupported by that public spirit and patriotick zeal which pervaded all ranks of his Majesty's people. Other objects had alfo occupied the attention of the Commons, who had the fatisfaction of releafing his Majesty's subjects from several of the burdens under which they had laboured. The Com. mons had alfo taken meafures to promote the commerce, the manufactures, and the revenue of the empire. He affured his Majefty of the determination of his faithful Commons to maintain the happy Constitution of the country, from which the people looked for an increase of their bleffings, and for the fecurity and continuance of those of which they were actually poffeffed. The Commons alfe trusted that the giving to Juries the right of deciding on all cafes of libels, would be highly advantageous, as it gave uniformity to the law, and fecurity to the property, the lives, and liberties of his Majefty's fubjects, He declared the fenfe of the Commons of the enjoyments arifing from the present form of Government, the prefervation of which, they were fully convinced, was determined to be persevered in by a great and loyal people, He concluded by faying he held in his hand the National Debt future Loan Bill, to which his Majefty's faithful Commons prayed his Royal Affent. The Clerk having taken the Bill to the table, it received the Royal Affent in the ufual form, as did Mr. Fox's Bill to remove Doubts on the Functions of Juries in cafes of Read a third time and paffed the White Libel-the National Debt Bill-Westminster haven Harbour Bill. At a quarter after three o'clock, his Majefty arrived at the House of Peers, and being feated on the Tirone, with the ufual formalities, the Duke of Leeds bearing the Sword of ftate, and Lord Sydney the Cap of aintenance, Sir Francis Molyneux was fent Police Bill-and alfo various other Bills, eighteen in number, fifteen of which were Public, and three Private. After this his Majefty closed the Seffion of Parliament with the Speech to both Houses inferted in Vol. XXI. p. 485, HOUSE |